SUBDIVISIONS

(1) A petition for the subdivision of land or for the consolidation of lots of a previous subdivision or for the designation of an easement or matters of a like nature shall be filed in duplicate and shall be signed and sworn to by the person in whose name the certificate of title has issued or by his attorney or by an agent duly authorized by him. In the latter case, the power of attorney of the agent must be filed with the petition. A map shall be filed with each petition. Leases, mortgages and similar encumbrances need not be noted or referred to if all lots in the subdivision are affected. When any of the encumbrances affects one or more but not all of the lots created by such subdivision and it is desired to confine such encumbrance or encumbrances to the lot or lots affected, the petition shall clearly set forth the lot or lots affected. (2) Where land is held in undivided interests by co-owners, no single co-owner shall subdivide the land, except with the written consent of the other owners. (3) The words "subdivision" and "re-subdivision" shall not be used interchangeably, one for the other, but shall be employed only in their strict grammatical sense. Two or more contiguous lots or parcels of land in the same application may be consolidated and re-subdivided into lots having other dimensions and areas, in the same petition; provided that the total area of the first set of lots and the total area of the newly created lots shall be the same. (4) A petition for subdivision, or the map accompanying it, shall evidence any necessary approval by county agencies. (See Rule 104 of these rules.) (5) A copy of the petition, the map, and the certificate of title shall by order of court be transmitted to the state land surveyor for check and report. Upon receipt of the return and report of the state land surveyor and completion by the petitioner of the additional things to be done, if any, an "Order of Subdivision" shall issue under the seal of the court, which order shall reflect all changes caused by the subdivision, in encumbrances, reservations, restrictions or otherwise. The map of the subdivision shall also be endorsed as follows: "Authorized and approved by order of the Judge of the Land Court dated ______________. By Order of the Court" and be signed by the registrar of the land court. (6) After approval by the judge of the land court, a subdivision map may not be altered either by adding other matters thereto or deleting therefrom any writings recorded thereon. Any change relating to land delineated on a map previously approved may only be registered by the filing of a new petition and map. (7) Exceptions to the foregoing Rule 15 [sic] may be made at any time by order of the court upon good cause being shown therefor.